Suppose back in the year 2004, NBC executives had attempted to get a business method patent for a method to sustain ratings for a flagship late night show of a company. Suppose it involved steps of having a show rated number one in its time slot with said show having a host, announcing a replacement for the host five years in advance of when said replacement is to take place, wherein the host replacement is employed by the company, and selecting the replacement host based on factors including projected demographics and competitive offers to said host replacement.

Obvious or not? A matter of common sense? A matter of a limited number of alternatives to test?

"There has been a lot of speculation in the press about what I legally can and can't say about NBC. To set the record straight, tonight I am allowed to say anything I want. And what I want to say is this: Between my time at 'Saturday Night Live,' 'The Late Night Show,' and my brief run here on 'The Tonight Show,' I have worked with NBC for over 20 years. Yes, we have our differences right now. And, yes, we're going to go our separate ways. But this company has been my home for most of my adult life. I am enormously proud of the work we have done together, and I want to thank NBC for making it all possible."

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About Me

I'm a patent lawyer located in central New Jersey. I have a J.D. from the University of Chicago and a Ph.D. from Stanford University, where I studied graphite intercalation compounds at the Center for Materials Research. I worked at Exxon Corporate Research in areas ranging from engine deposits through coal and petroleum to fullerenes. An article that I wrote in The Trademark Reporter, 1994, 84, 379-407 on color trademarks was cited by Supreme Court in Qualitex v. Jacobson, 514 US 159 (1995) and the methodology was adopted
in the Capri case in N.D. Ill. An article that I wrote on DNA profiling was cited by the Colorado Supreme Court (Shreck case) and a Florida appellate court (Brim case). I was interviewed by NHK-TV about the Jan-Hendrik Schon affair. I am developing ipABC, an entity that combines rigorous IP analytics with study of business models, to optimize utilization of intellectual property. I can be reached at C8AsF5 at yahoo.com.